Child support questions.....Help please!?

1. Remarrying does NOTHING to the current child support. That child you produced requires the same things now as he or she did before the remarrying.

2. Full custody no she can probably get through time 50/50 custody. There is a good valid reason you don't have custody and that reason is why the situation is the way it is. But a judge might consider a 50/50.

OK. The answer to your first question is difficult. You do not say what state you live in. Some states child support can be from you and your new spouses income. California, Connecticut, and Texas are among those states. You need to ask an attorney. You should be able to get that answer free of charge.

The answer to number 2 is, if you are the "custodial parent" and your ex is trying to get custody of your child, It is very hard to remove a child from a "custodial home". In 1996 the U.S. Supreme Court came down with a decision that stated that the custody of a child shall only be changed in the "best interest of the child". The mitigating circumstances need to be of extreme nature.

For instance: You are a felon. Your new spouse is a felon. You are living with another person out of wed lock. Your home is unsafe. You are a child abuser.

You can help yourself and protect your self and your child by getting an attorney if your spouse files for custody. Also hire a private investigator to look into the lifestyle of your ex. There may be ammunition that will come in handy in court if there is a custody fight.

Good luck to you.

Well,

1) Generally no; however, there are two states that allow a new spouses income to be included in child support calculations. I recommend contacting an attorney familiar with family law to see if your state is one them.

2) Any parent that does not have primary physical custody will have a difficult time regaining physical custody, especially if the child is doing just fine with their current living conditions. You would have to prove the primary parent as unfit and that's not easy to do. That said, they could ask to have custody modified to allow the other parent more parenting time. So that could happen.

As an add to the guy above...I live in CT and it's not CT that allows your spouses income to be included. It's MA and CA only. Please make note of that...

Question 1: No...child support is based on the bio-parent's salary, NOT the step parent's.

Question 2: Chances are no- if the child is thriving where they are and there is no good reason to change the order, the courts will not. They may increase visitation for the non custodial parent.

Question 1: No the other spouse's income does not matter or enter into the calculation.

Question 2: Possible but it depends on the circumstances. 50/50 would be reasonable and some of it depends on how hard the other parent fights to retain current order.

The man usually has to spend a lot more money to get custody. It is rare for a mother to be ordered to pay child support, and of those who are ordered, only 5% do according to government reports.

Is she hoping to get joint physical custody, and child support by going after the income of the father's second wife?

1) No it won't

2) You won't get primary custody but in the absence of some kind of shady history 50/50 is plausible.